1966-09-29 (2)Special Meeting of the Town Board of the Town of Wappinger was held on
Thursday evening Sept. 29, 1966 et the Town Hall, Mill Street, Wappingers
Falls, New York.
Present:
Joseph H. Fulton - Supervisor
Vincent 6. Frencese Justice of the Peace
Louis C. Clausen - Councilman
Absent:
William J. Bulger, Justice of the Peace
Others Present:
Jos./ph D.,1QtinngAtortyiry for the Town
• - ;
Supervisor Fulton called the meeting to order 705 P.M.
Louis D. Diehl - Councilman
Elaine H. Snowden - Town Clerk
I. Mr. Fulton: We have the matter of the D.C.R. Realty Corp. for rezoning
7,tc v.Qvd m nn;ng
favorable toward a reonng,, it has been ':ed up in view of the fact that
we've been in the process of contracting with the Planning Consultants
Raymond & May. As i understand it there is a trucking company especially
interested in it. In Light of the fact that there has been a delay In
contracting with the consulting firm and D.C.R. has expressed an urgency
that their petition be acted upon, I would like to suggest we set e
Public Hearing on it.
Mr.. Diehl made, 1,Friotion to set a public hearing on the petition of CD.C.R.
_':. c, . :
Realty Corp. & Megtam Corp., for rezoning,parcel of lend off ROUte 9
Cooper Rd. from R.D. 20 4., RD 40 to P.1., Tuesday:Oct. 18, 1966 seconded
by Mr. Clausen and unanimously carried.
2. A resolution for establishing schedule for expansion of existing
facilities of the Rockingham Farms Sewer District for the conveyance,
treatment and discharge of. domestic sewage wes presented.
Mr Quinn explained it was a technical request to New York State Health Dept,
for expansion of facilities of the Rockingham Farms Sewer District to
TOWN BOARD SPECIAL MEETING
-2- Sept. 29, 1966
include Mr. Alperts Dutchess Heights Subdivision.
The following resolution was proposed for adoption by Mr. Diehl and
seconded by Mr. Francese (to be printed in minutes). Roll Call Vote 4 ayes,
3. Mr. Fulton recommended to the Board that the time of the meetings be
changed from 8 PM to 7PM ft' i th the hope of ending before i l PPM
Mr. Francese to Mr. Quinn: At our Reorganizations{ meeting, we seta date
and time for our regular monthly meeting, at this time can we change that
time?
Mr. Quinn: All meetings, except the reorganizations{ meetings are special
meetings throughout the year. 1 don't think you will encounter any
difficulty.
Mr. Francese: In view of the fact that we have had a heavy workload I think
a motion to that effect would be in order.
Mr. Fulton: Could we amend it to include a termination time?
Mr. Francese: What if there was something pressing before the Board?
Mr. Fulton: We could waive the termination.
Mr. Clausen: It seems to me there should be another way of hand i ing it.
think to pass a resolution to limit the time, and possibly conducting
o e=;ing as we have in the past, isn't realty settling anything. Setting
half an hour for open discussion and not suspending the rules so frequently
T am lot happy with the way the meetings have been run - listening to a
lot lot of repetition. 1 am certainty in .fevor of the 7 o'clock time,
but I would not be in favor of setting a termination time. Let's work on
running the meetings in a little more streamlined manner-,
Mr. G cancese : I think the Town Board has the right, at any t 1ni to adjourn
the rest of the meeting to e later date.
Mr. Clausen brought out the issue of time, with people waiting to be
heard, and the danger of time consumption on prior items on the agenda.
ToM nARD SPECIAL PFFTiNG Sept. 29, 1966
qoa first Thursday after the first Tuesday of each month, for 7 P.M. o'clock
instead of 8P.M. o'clock as originally set at the Reorganizational Meeting.
Seconded by Mr. Diehl. Motion Unanimously Carried.
4. Problem of Dorothy Heights
Mr. Fulton: The developer is demanding that we remove our obstacle there
September 8, 1966
Town Board, Town of Wappinger
Main Street
Wappingers Falls, New York.
Re: Wappingers Apartments 2nd Corp.
Gentlemen:
This office represents Wappingers Apartments 2nd corp. the owner
Ji premises at the southerly end of Dorothy Heights Roth The corporation
hE5 under construction an apartment house on its premises and when
competed the only direct access to such apartment house would be through
Dorothy Heights Road.
We herewith put on notice that said barrier must be removed.
The Town of Wappinger ,has no l3gal right to bar my client or its
tenants from access to such road.
Please advise the undersigned as to the action to be taken by
your Board in regards to such barrier.
Yours truly,
s/ Maurice Phillips
ro Diehl: In regard 1:o Dorothy Heights, I am still personally of the
I would like to see
it remain closed. It Just seems to me this roan
lways a dead-end street, and in my opinion, we should have a legal richt
-4;low it to remain as t has been, a dead-end street.
Mr. Fulton tt-';sems the feeling of the Board is that this should remain
a dead-end stree. Listening to some of the residents, they were not
invited to a public hearing whereby the high-rise apartments were
discussed. They feel it was never the intent for Dorothy Heights to be
TOWN BOARD SPECIAL 17.47,ETING
-4- Sept. 29, 1966
opened to that project. I think there are a lot of questions unanswered
here. I think we should try to defend it and try to find an answer to the
problems, and try to keep it closed.
Mr, Francese: I have the feeling that these people have a right to use the
road since they are abutting owners. I feel that there were irregularities
at a Village Planning Board meeting when this thing was discussed. When
residents left that meeting they had the feeling that there would be no
access through Dorothy Heights. I are almost positive there will be
legal action should we continue. Will we, or will we not, defend an
action against the Town?
Mr. Clausen: If the attorney for the Town hasn't already checked into the
minutes of the Village Public Hearing, we should ask him to.
ir Francese: We did check with the Village Planning Board and they
claim there were no such statements made at this hearing. There were
people who did attend and got this impression. To go even one point
further, I have conferred with members of the Village Planning Board,
they hope that they would have access and school buses would travel
through where they never had done it before. There were people on
Porothy Heights who were under a different impression. There may have
heen irregularities.
Pir, Clausen; If it has to be defended, let's defend it, unless the
attorney can tell us one way or the other.
Mr. Quinn: I think your position of watching and waiting has got something
o be said for it.
Mr. Francese made a motion, seconded by Mr. Diehl to table any action to
a future date. Unanimously Carried.
5. Louis Clausen -
Mr. C1 tr-en: The minutes of September 8, 1966 meeting are not ready yet.
TOVJN BOARD SPECIAL MEETING
-5-
29, i966
What I was on the agenda for was in the minutes of that meeting. I wish
to be on the agenda of the net meeting when the mnute re n our
possession.
6. Date on Setting Budget - Between the 1st and the 5th theestimated
must be presented to the Town Board. By the 10th a preliminary budget
must be adopted.
Mr. Diehl made a motion that the Board meet Monday, October 3, 1966, 7 FM
for the purpose of accepting the budget estimates, and informal invitations
be given to ell Dept. heads to be present at this time. Seconded by Mr.
Clausen. Unanimously carried.
Mr Fulton: The Library Committee wants to meet in a session with the
Town Board:, We can have a meeting on the 3rd with them also.
Mr. Clausen: The radio station, WHVW, has contacted me and is quite
interested in what appears to be a problem of sewage in the Town of
Wappinger. They would like representatives to appear on "Open Line"
tomorrow. I have already accepted. They would like the Supervisor
to go on with ma from 12:05 to 1:00, to discuss potential problems and
existing problems in the Town of Wappinger. I invite you.
Mr. Quinn: I would warn the Board that we have litigation in the courts.
Mr. Fulton: I dont think sewage end water in the Town of Wappinger warrents
this at all. Generally I don't think we have great problems. We have one
or two, maybe. I know, et this time, of no pollution in the Town of
Wappinger. As a matter of fact, 1 don't see where there could be. Do
you (to Mr. Clausen) know of any problem areas where we definitely have
pollution?
Mrc, Clausen: I have had an invitation for fus to appenr on "Open Line"
to discuss problems we may have in the Town of Wappinger, We appear as
guests of the redio station. I will say that i thin% the invitatIon
:AI -7
TOWN BOASPECIAL MEETING
-6-
5ept, 29, 196C
libr Mr. Diehl: Is he appearing on station as a Councilman? He can still be a
payer.
:Ar. Quinn: The only thing ! can say is that we are defending two lewsuits-
action by the County of Dutchess involving Oakwood Knolls sewer plant
and another for damages of the Ritter Construction Corp. involving the
water shut off° They are both pending in the New York State Supreme Court.
Anything said as a mater of public record is permissible as evidence against
the Town of Wappinger. No one on this Board would knowingly say anything
detrimental to the Town of Wappinger. The other litigating parties could
take advantage of anything said in conflict, to our detriment.
Ahr. Fulton: Is there any member of this Board who liknows of pollution Or
,zonlinuflon in the Town.
Mr, Diehl: 1 know of none.
Mr, Clausen: Do you know, at this minute, that there is not pollution in
T3wn of Wappinger?
Ar Fulton: We are under the jurisdction of the Dutchess County Health
Deoartment, Furthermore, as far as the water and sewage problems in the
Town of Wappinger, so much gls been made of this, especially in regard to
particular problem we have, which has been kicked around quite 0 bit.
feel that the solution to this problem is on its wayit is not a
ac:lution problem. 1 might eay that I have had sage of the effluent
rim this'particular plant tested. 1 would like to hear from the Board
.-,pfficOy what this is all about.
Diehi; I hive heard various operators say that if you put enough
oi-.?mot.l ;ill° it, it doesn't have pollution. It's not good operctior,
it's not p,pliute, think the line is fine 1 think some of the
orations are \fen/ T certainy dont have onvihing positive tP;t
want to go on the on state, if ony memb,..:,r hos anyihin pasitivc
%iv
TOM BOARD SPECIAL MEETING
-7-
Sept. 29, 1966
and wants to go on the radio and state it, I think it is his right. I
have heard operators say that by putting enough chemical in end shooting
it right through, you end up with no pollution. 1 don't like it, but
it's not pollution.
Mr. Diehl: I thank the radio station, and I myself will be unable to
attend.
Suspend rules motion made by Mr. Fulton, seconded by Mr. Clausen. Motion
Unanimously Carried.
Mr. Lafko asked what was the end of the discussion?
Mr. Diehl: f don't think there was any decision made here et all.
Mr. Frencese: There was no decision to be made.
Mr. Fulton: i stated that I know of no pollution in the Town of Wappinger et
this time. I think it is well under control and has been under control,
and I think we're working towards a solution. Although the problems of
water and sewer ere very interesting and complex sometimes, I can't see
going on the radio,
Mr. Lafko: It would kelp us to know what took place at the meeting in Albany„
Motion by Mr. Clausen, seconded by Mr. Francese to resume rules. Unanimously
Carried.
Mr. Fulton: The conference in Albany Thursday was a conference which was a
Joint conference with Assistant Solicitor General and officials of the
New York State Health Dept. - Frank Bogeden and Mr. Dermit Reilly,
Counsellor, Dr. Vasseflo end Jack Hill of the Dutchess County Health Dept.
Mr. Quinn, myself, and Mr. L'Archevesque. The conference was of this
nature - we went to him and stated the problem. Each one made comments
on the problem. As a result of this conversation, contracts came up
between the Town of Wappinger and the owners of the sewer systema, the
litigation of L&A against the district. it was all mentioned as some of
OWN BOARD SPECIAL MEETING Sept. 29, i966
the problems that exist mere. The Solicitor General thought that in view
of what he heard, he wou l d t i ke to have a meeting between Counsel to Town
of Wappinger end Attorney for Ritter Construction. They would have a
discussion and talk over some of these problems that we exposed to him,
and he said there would be two meetings - first with attorneys, and next
with Ritter and myself and Health Dept. He mentioned that the meeting with
the attorneys would be held within 10 days.
Mr. Worona: Litigation has been mentioned, May I respectfully request
that I be included in that counsel., I think that we have a right.
Mr. Fulton: The SoLtor General chose who was to be at this meeting.
Litigation was only mentioned, There was no discussion.
Mr. Worona: I should imagine we would have a right to be present et such
as conference. The litigation was mentioned in this discussion and as a
result of that litigation, we are at the present state of affairs, and I
think we have a right to be in on any negotiations or discussions,
Mr. Fulton: I see no validity to your request.
Mr. Quinn: What the Solicitor General's office is doing here, is trying
to make a determination, a Resolution of two points - 1, Whether the
material gathered on this is adequate. 2. Whether pending litigation
wilt resolve the matters that are involved. 3. Whether Attorney General
of the State of New York will decide to intervene or not in pending
litigation. This meeting and counsel to attend, were specifically
chosen by the Solicitor General. What the Solicitor General's office
and the Health Dept, want to see is a solution to this problem. Their
suggestion is municipal ownership at the earliest date, and at the best
means possible. For this reason, I think that probably this would serve
no purpose, it probably would just cloud the issue. They are going to
t WIW BOARD SPECIAL. MEETING
-9w Sept.29, 1905
call the heads of these various problems back in again. 1 would say this -
that the Commissioner of Health of Dutchess County and a member of h i s
engineering staff indicated that, to the best of their inowledge, there
was no indication of pollution in the Town of WapOinger at the present
time.
Mr. Worona: We have, fora period of almost a year, suspended , at the
request of the Town, any further proceedings. We are vitally concerned
with the outcome and we would like to know if it is intended at this
point, in view of those resolutions, to await out corm of the meetings.
Mr, Euston: 1 don't see where it fits into the picture at all from my
conversations.
Mr. Worona: 1 respectfully ask you whether or not, and how far, that
has progressed, and whether we should anticipate a further delay.
Mr, Clausen: 1 think a request has been made in good faith. 1 would
like to see fairness to all parties. I think you, as Supervisor, should
at least accept the request and possible ask Solicitor G -neral if Mr,
Verona could be present. There may or may not be need for it. i think
legitimate offer has been made to tie Town Board.
Mr, Fulton: I have been to this conference, personally 1 don't see where
it fits into the picture at all.
Mr, Frencese: 1 think Mr. Worona has a legitimate cause here, and 1
think he should contact the Solicitor General,
Mr. Fulton: 1 dont want to impose on the Solicitor General.
Mr, Clausen: I would like to make a motion that any requests by attorneys
involved
in problems that will be, and have been, discussed in Jlbany
in reference to any plants in the Town of Wapping., , f ihink we should
°sn good faith, pass this request on.
OWN BOARD SPECIAL MEETING
-l(;- Sept. 29, 1966
Mr. Q i inn : Any practicing attorney, private or governmental, has a right
to calls on any member of the court to request to be present, and he
doesn't need the assistance of the Town Board in that respect.
Mo'-`ior: seconded by Mr. Diehl. Motion Unanimously Carried.
Mr. l':rencese: As e matter of courtesy, we should notify the Solicitor
General that Mr. Worona has made request to the Town Board.
Mr. Clausen: Is Russell Aldrich attending these meetings?
Mr. Quinn: No, sir.
Mr„ Clausen made a motion to suspend rules, seconded by Mr. Diehl.
Resident -- a motion was passed to have the Town draw up papers for
purchase of the LICA sewer plant. Any report?
Mr.. Quinn: The authorization that was given to counsel and Supervisor
was to enter r into negotiations for the Purchase. When a concrete
=repo i t ion can be offered to the Board, counsel wi l l present and wi l I
draft z, proposed agreement which is subject to the pleasure of the Board,
whether they approve of the terms of it, want it revised or changed, or
whatever.
Mr. Clausen to Mr. Quinn: As I understood the resolution you were
:empowered to finalize price and contract to be presented to the Town
Board. The motion meant that you were now to finalize plans for
submission to the Town Board.
Ar. Quinn: Th >s gentleman is talking about W. I sat down with the
"6:cipals and I feel that we have made very good ,_progress. 1 assume
you nien'Jed to gyve us discretion to make a report of negotiations
present t i h , ird prepare e proposed agreement.
F-ancese; 4 understood that we authorized thein to enter into
n. yot;ations to it this cin be finalized.
:.r. Clausen: Was it authorized to negotiate or authorized to ii na � to,
VN EOARD SPWCIAL MEETING pt 12:
there is a difrren,:e,hcn E,.._'ard is vmiting for 'he attorney to fte
fown to presnt to the Town EcIrd what he and the ;ntererited parties had
discussed, and we could .5,t down and look it over and discuss it.
Resident: What has been done, and what point have you reached?
Mr, Quinn: 1 have met with representatives of LCA and i feel that wo
have reached a good understanding and have made very good progress.
Resident: Has preliminary agreement been drawn up?
Mr. Quinn: No sir,
Mr. Fulton: He is working on negotiations. There was no deJadi(ne set,
Ma-. Quinn: We have a good basis for agreement. ,Would be in a position
to present something to the Town Board shortly. 1 think it would be
disadvantageous the taxpayers of the Town of Wappinger, and
particularly the people who wouid be involved with the so—called L&A
itstrict, to completely divulge all information.
Motion mad e by Mr. Clausen, seccnded by Mr. Francese to resume rules,
A-, Clausen: It seems a complex probIem. 1 do agree that any time you
start discussing Oakwood Knolls, this franchise situation seems to be
fly in the ointment. it wasn't the intent of the Town Board to
finali:;e a contract to bring to the Town Board before, 1 would like
to make a motion now that the attorneys bring a proposed plan in to
Town Board as soon es possible.
otter in reference to Dutehess County Airport Extension was received
from President of the Quiet Acres Civic Association, Richard Sardo,
Hs dwelt mainly on the stand of the Supervisor and the Town Board on the
Southwest Extension of the Runway, Insinuated that possibl? the members
of the Board had been "approached or pressured by influential County
and Industry officials to withdraw opposition to the SW extension"
Accused them of a "turnabout attitude".
:OWN BOARD SPECIAL MEETING
-12- Sepi]. 29, i966
nd to the point, and also as 1 remember the feelings of each member of the
3oard, I feel that we did make this stand and wo made it very strong. We
nave now bocow a real weak sister on it. I think it covers the entire
Town of Woppinger. Also, the Village was definitely interested end
against it. I think we should still stand as straight as we die and
take any legal action along with the civil group. We said we'd fight it
to the end. I remember each Board member said this.
'Ar. Fulton: First of all, what the Town Board does is the c_errz)jbil,
o the Town Board, have had no reaction. I think the word:ng of hi!-
ietter is repulsive and disgusting. I think it is like si child. We'v2
done about everything we can do cn this. i read this letter and it
made me a little bit sick.
Mr. Diehl to Mr. Fulton: There is no question that the attorney, Tovn
Board, and yourself certainly put in a lot of time fighting thin.
think the point is now that we have let down. We'renot pushing, we've
stopfbed. Where do we go from here?
Mr, Clausen: Possibly we don't have all the facts here. What has the
Board of Supervisors done to finalize action to go southwest?
Mr, Fulton: There is no question of the position of the Dutchess County
Board of Supervisors.
Mr. Clausen: What are steps to defend our position?
Mr. Quinn: Mr. Diehl wasn't here at an adjourned meeting held on
Sept. 15, 1966 when Mr. Sardo and Mr. Harding and other members of the
Quiet Acres Association were here. I don't think Mr. Francese was here
either. I was shown a copy of this letter about a quarter to seven ond
I was a bit surprised in the contents of it. A gentleman from Quiet Acres
asked Supervisor what action was taken by the ComnZy. They were informed
TOWN BOARD SPECIAL MEETING
-13- Sept.. 29, 1966
by the Board. Counsel was called upon to state what rights we had to
oppose this matter. They were advised that we thought the Town of
W'rppinger no longer had any legal status. The only action at this time
would be a taxpayers' action under Section 51 of the General Municipal
Law. Some member of the public that night asked what our success woulc
be in making application for both temporary and permanent injunctions.
We informed them that we thought it wou t d be impossible to show threat
of irreparable injury. I advised the people from Quiet Acres and
members of the public that night that what was involved here was the
possibility of an invasion of their privacy and detrement of their
rights. The Town has no status to bring taxpayers' action, An Astoppo
notice was published last Thursday night, Quiet Acres people have 20
days in which to instate a proceeding. If this town institutes any
Rind of a proceeding it wili be dismissed somewhere in the courts.
indicated there might be action on the part of the individual
taxpayers. At that same meeting, those who were present accepted, for
'that it was worth, my explanation of my legal position in the matter.
They then went into a discussion of the possibility of increased hazard,
necessity of control tower being erected. Possibility of investigation
being called for by having this Town Board writing a letter to Mr.
Lafko and having him call in experts. It was said there vas no sense
in writing this letter because such a letter was written awhile ago.
;:I::eaui must lie with the people who may, or wi l I be, directly
by op err:: t , ns resulting from this extension.
.:t.:.s that the Town let their attorney cera into our
laws=uit as a friend of the court. He mentioned that the Village is
;nerected, the Jaycees are circulating petitions are being circulated
county wide.,
low
T O':°:A 60ARD SPECIAL fmEFT i NG
—SA— Seat:. 2°, 1056
.Mr. Fulton: Tell the association I think this is a disgusting statement.
As far as the conditions of the ILS and taxpayers' suit, there are grounds
ur;.:.h r which a suit could be instigated. There was a possibility here of
a suit. The situation there has changed. They've eliminated this ILS
and they have gone to this 1,000 ft. extension. The degree of safety
has moved in our favor„
Mr. Quinn: Back in April the Supervisor and Town Bard indicated they
would take legal action to prevent extension of this runway. We appeared
bsore- the FAA in Washington. We appeared at Kennedy Airport. In behalf
of the Town we did achieve a certain measure of victory in this things
Th's FAA refused to give funds for the extension which was proposed.
!May have indicated their intention to restrict weight loads on aircraft
and so Forth. At the hearing at Kennedy it developed that if TLS was
f:;•,.,cd it 'vft;u I d cone up the main street of Quiet Acres. I have a
in my file sent by Quiet Acres Civic Association thanking us for
the efforts 4<e have made in this c irect ion. There corms a time where,
yram a legal point of view, there are no possibility left. I have
;tire; ghed every side of this thing and if I thought there was e possibility
:;f 9uccess in litigation we would have been in the courts by now, This
Town has no status in taxpayers' action. The residents of Quiet Acres,
1 s=rr o, wi i l have some of their properties violated by the extension
f his proposed runway. Any taxpayers in the Town may institute such
tion
Sewdo: Yhan T am to understand there wi l ! be no action by the Town,
..:;°? 1 get tsic, impression that we es taxpayers do not have much to stand
Quinn: I did not say that.
Fulton: I dont think it would have an affect.
lbw
TOWN BOARD SPECIAL MEETING
—15— Sept. 29, 1966
Mr. Worona: If the runway does accomplish waht we think it will, without
the extension, I think the Town might have an interest in it and I don't
think the expenditure of funds would be considered unconstitutional. The
Town is vitally affected all over.
Mr. Diehl: In regard to the funds, what would an application of this type
cost?
Mr. Quinn: It js difficult to tell. I can tell you this, if a taxpayers'
action is brought, there is going to have to be quite a fair amount of
money spent for expert testimony, engineering, and so forth. I think the
C6onty of Dutchess has demonstrated that it will appeal such action as
this. I can think of hgal fees running fairly from $4,000 to $15,000.
I can see this thing going on for several years. I think the legal fees
would be rather small compared to engineering testimony, aviation testimony,
Mr. Diehl: The information is of no use now.
Mr. Quinn: 1 don't think anyone can stend on the grounds of safety. It
could be invation of property of trights. Any lawyer that conducts such an
action will need the testimony and consultation of experts.
Ar. Harding: If de can stop them from floating a bond issue and stop the:'
from putting it through even if you put them off, you have accomplished one
part of your objective.
Mr. Diehl: Is it possible, that considering that the Village is interested
in this too, could a Joint suit he brought with the Village?
Me. Worona: What would be the harm of setting up a Joint meeting? I think
;ssibly this might have a joint interest. Maybe the funds could be found
s:,mewhere.
Mr, Harding: May 7 ask that the Bard consider this be made into n resolutic
Mr. Diehl: 1 suggest we meet with the Village Board or contact them in thi
TOWN BOARD SPECIAL MEEIING -16-
4m, matter. We should work to back up the Civic Association
Nor
4-
-
1,Ar. Clausen to Mr. Diehl: I agree with you. You said the people have
ta/s, would this go for us too?
Mr. Quinn: The only way we could commence litioation would be to seek
injuntion on the basis of threatened irreparable injury, 1 personally
feel that would be an abuse of our professional ethics to commehce such
iitigation T don't think 1 can put it more strongly than that.
Mr. Francese: We will take it under advisement to meet with the Vifloge
Board.
Worona: Might the Town consider ask the Board of Supervisors to put
,he moLter on the ballot.
Ft,1tor: I brought it to a vote and it was turned down at the meeting
of the Board of Supervisors.
Motion made by Mr. Diehl, seconded by Mr. Clausen, to adjourn at 10:05